United States Patent and Trademark Office OG Notices: 19 September 2006

Date            Type of         Proceeding
Issued          Case (1)        or App'n No.            Party/Parties


8-15            EX              76593831                National Sales
                                                        and Supply, LLC

8-16            EX              76495632                Wal-Mart
                                                        Stores, Inc.

8-16            EX              76562232                L-7 Designs, Inc.


                                Opposer's/              Applicant's/
                                Petitioner's            Respondent's
                TTAB            Mark and                Mark and
Issue           Decision        Goods/Services          Goods/Services

2(d)            Refusal                                 "MAJESTIC MELT"
                Affirmed                                [rubber mulch
                as to both                              product, namely,
                cited                                   mulch made of
                registrations                           recycled rubber
                                                        for use in
                                                        landscaping and
                                                        horticulture
                                                        applications]

2(e)(1)         Refusal                                 "EXPERT GARDENER"
                Affirmed                                [in Class 21:
                in both classes                         watering devices,
                                                        namely, hose-in
                                                        sprayers;
                                                        in Class 31:
                                                        grass seed]

2(e)(1)         Refusal                                 "HANDMADE
                Affirmed                                MODERN"
                                                        [kits for
                                                        making furniture
                                                        comprised primarily
                                                        of unfinished
                                                        or finished
                                                        wood; metal
                                                        composites or
                                                        metal pieces; and
                                                        foam, plastic,
                                                        fabric or self
                                                        stick veneers,
                                                        namely, kits for
                                                        making tables,
                                                        kits for making
                                                        table tops and
                                                        kits for making
                                                        bookshelves]


Mark and                                        Citable as
Goods Cited by                                  Precedent
Examining Atty.                                 of TTAB

2 cited                                         No
registrations,
both owned by the
same entity:
"MAJESTIC
EARTH"
[potting soil
and fertilizer for
domestic use; peat
moss] and
"MAJESTIC
EARTH"
(and design)
[potting soil;
peat moss and
seeded flower and
lawn rolls]

                                                No

                                                No


(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION
TO DISMISS; (MR)=MOTION TO REOPEN